Podcast
Questions and Answers
Which document outlines the basic rights, responsibilities, and freedoms of Victorians?
Which document outlines the basic rights, responsibilities, and freedoms of Victorians?
Australia has a Bill of Rights that applies to all Australians.
Australia has a Bill of Rights that applies to all Australians.
False
What right protects an individual from being punished for the same offence more than once?
What right protects an individual from being punished for the same offence more than once?
Right to not be tried or punished for the same offence more than once
The principles created in common law cases become __________ for future similar cases.
The principles created in common law cases become __________ for future similar cases.
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Which of the following is NOT a right outlined in the Victorian Charter?
Which of the following is NOT a right outlined in the Victorian Charter?
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Match the following rights with their descriptions:
Match the following rights with their descriptions:
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The right to freedom of movement includes the right to vote.
The right to freedom of movement includes the right to vote.
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What is the purpose of common law in relation to human rights?
What is the purpose of common law in relation to human rights?
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What is a fundamental characteristic of human rights?
What is a fundamental characteristic of human rights?
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The Universal Declaration of Human Rights is a key document that outlines human rights significance worldwide.
The Universal Declaration of Human Rights is a key document that outlines human rights significance worldwide.
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Name one way in which human rights are protected in Australia.
Name one way in which human rights are protected in Australia.
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Human rights are described as a moral or legal entitlement to have or to do something, reflecting notions of _____, dignity, equality, and justice.
Human rights are described as a moral or legal entitlement to have or to do something, reflecting notions of _____, dignity, equality, and justice.
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Match the following concepts with their corresponding definitions:
Match the following concepts with their corresponding definitions:
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Which statement best represents why human rights can be challenging to define?
Which statement best represents why human rights can be challenging to define?
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The Australian Government has no responsibility for the protection of its citizens' rights.
The Australian Government has no responsibility for the protection of its citizens' rights.
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What is one potential reform for improving the protection of rights in Australia?
What is one potential reform for improving the protection of rights in Australia?
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Which of the following is an express right protected by the Australian Constitution?
Which of the following is an express right protected by the Australian Constitution?
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The right to political communication is explicitly stated in the Australian Constitution.
The right to political communication is explicitly stated in the Australian Constitution.
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What are the two principles that provide structural protection of human rights in the Australian Constitution?
What are the two principles that provide structural protection of human rights in the Australian Constitution?
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The Australian Constitution protects the right to __________ against discrimination by the Commonwealth based on the state of residence.
The Australian Constitution protects the right to __________ against discrimination by the Commonwealth based on the state of residence.
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Which section of the Australian Constitution is associated with the right to freedom of political communication?
Which section of the Australian Constitution is associated with the right to freedom of political communication?
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Laws passed by the Commonwealth Parliament do not protect the rights of individuals.
Laws passed by the Commonwealth Parliament do not protect the rights of individuals.
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List one right that Australians have when their property is acquired by the Commonwealth.
List one right that Australians have when their property is acquired by the Commonwealth.
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Match the following express rights with their descriptions:
Match the following express rights with their descriptions:
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The implied right to political communication stems from __________ and __________ of the Constitution.
The implied right to political communication stems from __________ and __________ of the Constitution.
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Which of the following is not a structural protection for human rights established by the Australian Constitution?
Which of the following is not a structural protection for human rights established by the Australian Constitution?
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Study Notes
Introduction
- Australia does not have a Bill of Rights that applies to all Australians
- Victoria and the ACT have laws protecting individual rights
- The Victorian Charter of Human Rights and Responsibilities Act 2006 sets out basic rights, responsibilities, and freedoms for Victorians
Victorian Basic Rights
- Right to life
- Right to be treated equally before the law
- Right to a fair hearing
- Right to not be tried or punished for the same offense more than once
- Right to legal aid if entitled
- Right to the free assistance of an interpreter
- Right to not have to give evidence against oneself
- Freedom of movement
- Freedom of thought, conscience, religion, and belief
- Freedom to take part in public life (e.g., vote or stand for election)
- Right to be protected from torture and cruel, inhuman, or degrading treatment
Common Law and Human Rights
- Common law is judge-made law used to resolve disputes in the absence of legislation
- Common law precedents are binding on future similar cases in the court hierarchy.
- Common law has contributed to the protection of rights like:
- Right to silence
- Right to a fair trial
- Right to legal representation
- Right to transgender people to marry
- Rights of indigenous people
Express Rights in the Australian Constitution
- The Australian Constitution protects five express rights:
- Right to free interstate trade and commerce
- Right not to be discriminated against by the Commonwealth on the basis of state residence
- Right to receive just terms for property acquisition by the Commonwealth
- Right to a trial by jury for indictable Commonwealth offences
- Right to freedom of religion
Implied Rights in the Australian Constitution
- The Australian Constitution implicitly protects the right to freedom of political communication, derived from Sections 7 and 24.
Structural Protection of Human Rights by the Australian Constitution
- The Australian Constitution protects human rights through structural principles:
- Separation of powers: ensures a balance between the legislative, executive, and judicial branches of government
- Representative government: ensures that the government is accountable to the people
Protection of Rights Through Statute and Common Law
- Most human rights in Australia are protected by Commonwealth, State, or Territory legislation
- Parliaments pass laws outlining and protecting a broad range of rights.
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Description
This quiz explores the Victorian Charter of Human Rights and Responsibilities Act 2006, outlining the basic rights and freedoms granted to individuals in Victoria. It examines each right, the significance of common law, and the legal framework supporting human rights in Australia.
